2041 S. Winchester Blvd. (01-131)
MEMORANDUM
CITY OF CAMPBELL
to:
FROM:
Tim J. Haley, Project Planner
~ynn Penoyer, Land Development Manager /
Harold Housley, Land Development Engineer ;Iv
DA TE: 12/4/01
SUBJECT: DRC APPLICATION
Site Address: 2041 S. Winchester Boulevard
For File No(s): PLN 2001-131
Project Description: Construction of Office Building
Applicant: Mark Heath, Trustee
COMl\tlENTS
Apparently, a focused environmental impact report may be prepared to determine if the proposed
project will cause any positive traffic environmental impacts. If so, the Public Works
Department may have additional conditions of approval due to the impact in the public right-of-
way.
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
1.
Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
')
Easements: Prior to issuance of any grading or building permits for the site, the applicant
shall cause Easements to be recorded for private utilities, private storm drains, reciprocal
ingress and egress, etc., as needed.
3.
Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public
Street Improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment permit
for construction of the standard public street improvements, as required by the City
Engineer. The fee for a non-utility encroachment permit application is currently $255.00.
The plans shall include the following:
a. Removal of the existing driveway approach and construction of a new ADA compliant
approach;
b. Repair of the concrete sidewalk where the street tree has been removed;
c. Construction of conforms to existing public and private improvements, as necessary.
4. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
Page 1 of 2
Site Address: 2041 S. Winchester Boulevard
For File No(s): PLN 2001-131
Project Description: Construction of Office Building
Applicant: Mark Heath, Trustee
5. Soils Report: Prior to issuance of any grading or building permits for the site, applicant
shall provide a Soils Report prepared by a registered geotechnical or civil engineer, as
needed, to verify the feasibility of on-site percolation.
6. Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the
applicant shall satisfy the Traffic Mitigation conditions related to the public right-of-way
pursuant to the focused environmental impact report.
7. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
compames.
8. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets
which have been resurfaced within the previous 5 years will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
9. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a 10 year storm frequency,
prepare an engineered Grading and Drainage Plan. and pay fees required to obtain
necessary grading permits. The plans shall comply with the 1998 edition of the California
Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. The
preliminary grading and drainage plan has not yet been approved.
10. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee which is $1,902.00.
11. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
The objective of this condition is to reduce the quantity of runoff and improve the quality.
j:\landdev\2041 winchestercoa
Page 2 of 2
F lNANCIAL
TITLE COMPANY
PRELIMINARY REPORT
InIlovex Mortgage-Robert Heath
Attn: Robert Heath
1999 So. Bascom Avenue #230
Campbell, CA 95008
Branch:
314 Los Gatos-Saratoga Road
Los Gatos, CA 95030
Phone: (408) 395-7077 Fax: (408) 395-3502
Contact: Cindy BronnerlERP fnrm
Property Address:
2041-2043 Winchester Boulevard
Campbell, CA 95008
I Order Number: 41030029-284-CTB
Other Reference:
Buyer/Borrower:
Mark Heath Trustee
In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause 10 be issued,
as of the date hereol~ a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect. lien or encumbrance not shown or referred to as an Exception herein or not excluded from
c<.werage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptiuns and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects,
and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose offacilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
ALT A Lender's Policy
Dated as of August 7, 2001 at 7:30 a.m.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee as to parcel One; an Easement as to Parcel Two
Title to said estate or interest at the date hereof is vested in:
CHARLOTTE F. SIEMONEIT, SURVIVING JOINT TENANT
Page No.2
Order No. 41030029-284-CTB
LEGAL DESCRIPTION
The land referred to in this Report is described as follows:
All that certain real property situate in the City of Campbell, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
BEGINNING at a point on the Westerly line of the Santa Clara-Los Gatos Road distant theron South 00 10'
East 10.60 feet from a stake marked T.P. standing at the Southeasterly comer of that certain parcel ofland
described in the Deed from Julia Toles to A.A. Purmort dated June 3, 1922 recorded June 5, 1922 in Book 556
of Deeds Page 156, Santa Clara County Records; thence North 890 53' West and parallel with the Southerly line
of the land so d~scribed in the Deed to said Purmort, 111.00 feet to the Northwesterly comer of that certain
parcel of land described in the Deed from Sebastiana Carlentini, et vir, to Sam E. Manfre, et ux, dated June 2,
1950, recorded June 7,1950 in Book 1991 of Official Records, Page 577, Santa Clara County Records and the
true point of beginning of this description; thence leaving said true point of beginning and continuing North 890
53' West and parallel with the Southerly line of the land so described in the Deed to said Purmort 34.00 feet;
thence North 00 10' West and parallel with the said Westerly line of the Santa Clara-Los Gatos Road, 10.60 feet
to a point on the Northerly line of that certain parcel ofland described in the Deed from John B. Crummey, et
ll.X, to Sebastiana Carlentini, et vir, dated May 25, 1943, recorded June 2, 1943, in Book 1147 of Official
Records, Page 82, Santa Clara County Records; thence North 880 53' West along said last named line 237.80
feet to a stake marked P. 2T.2 at the Northwesterly corner thereof; thence South 007' West along the Westerly
line of the land so described in the Deed to said Carlentini, et ux, 138.60 feet to a stake marked P.2 at the
Southwesterly comer thereof; running thence South 890 53' East along the Southerly line of the land so
described in the Deed to said Carlentini, et ux, 179.01 feet to a point that is distant North 890 53' West 204.45
feet from the Westerly line of the Santa Clara-Los Gatos Road; thence North 00 10' West and parallel with the
said Westerly line of the Santa Clara-Los Gatos Road 40.00 feet; thence South 890 53' East 59.45 feet; thence
North 00 10' West and parallel with the said Westerly line of the Santa Clara-Los Gatos Road, 8.00 feet; thence
South 890 53' East 34.00 feet to the Southwesterly comer of the land so described in the Deed to said Manfre,
et ux, above referred to; thence North 00 10' West along the Westerly line of the land so described in the Deed
to said Manfre, et ux, 80.00 feet to the true point of beginning and being a portion of the Northeast Y. Section of
34 Township 7 South, Range 1 West, M.D.B. & M.
PARCEL TWO:
An unobstructed, non-exclusive right of way for ingress and egress and for the installation and maintenance of
public utilities and sewer lines over, along and under a strip of land 15.00 feet in width, the Northerly line of
which is more particularly described as follows:
BEGINNING at a point on the Westerly line of the Santa Clara-Los Gatos Road, distant thereon South 00 10'
East 10.60 feet from a stake marked T.P. standing at the Southeasterly comer of that certain parcel of land
Page No.3
Order No. 41030029-284-CTB
described in the Deed from Julia Toles to A.A. Punnort, dated June 3, 1922, recorded June 5, 1922 in Book 556
of Deeds, Page 156 Santa Clara County Records; thence North 890 53 ' West and parallel with the Southerly1ine
of the land so described in the Deed to said Purmort, 111.00 feet to the terminus of said easement as reserved in
the Deed from Sebastiana Carlentini, et vir, to Sam E. Manfre, et ux, dated June 2, 1950, recorded June 7, 1950
in Book 1991 of Official Records, Page 577, Santa Clara County Records.
APN: 305-31-052
ARB: None
Page No.4
Order No. 41030029-284-CTB
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy would be as follows:
EXCEPTIONS:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected
with taxes to be levied far the fiscal year 2001-2002.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State of California.
3. Easement(s) as shown on the filed Map, incidentals thereto and recorded subsequent
thereafter.
4. The interest, if any, of the grantee(s) in the deed referenced below. The record does not
disclose that said grantee(s) is an entity capable of acquiring and holding title to real property
in its own name.
Grantor: Charlotte F. Siemoneit
Grantee: The Thompson Family Living Trust. fbo C.F. Thompson, UDT
09f03f97
Recorded: September 12,1997, Series No. 13855238, Official Records
5. Unrecorded and/or present existing leases, if any.
Page No.5
Order No. 41030029-284-CTB
NOTES:
Privacy Promise For Customers
We will not reveal non-public personal customer information to any
external non-affiliated organization unless we have been authorized
by the customer, or are required by law
a. STR applies: No
b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent
transfers of easements, and similar matters not germane to the issuance of the policy of title insurance
anticipated hereunder.
c. If this company is requested to disburse funds in connection wi th this transaction, Chapter 598 of 1989
Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-
escrow accounts. Such periods vary depending upon the type of check and anticipated methods of
deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions
provides coverage for environmental protection.
e. Our investigation has been completed and the improvements located on the land described herein is a
Multi-Family Dwelling known as 2041-2043 Winchester Boulevard, Campbell, CA 95008.
At the close of escrow, an AL T A Lenders Policy of Title Insurance will be issued with 100 and 116
series Indorsements.
f. If the land is an improved residential lot on which there is located a one-to-four family residence and
each insured buyer is a natural person, and unless otherwise directed, we will issue the extended
coverage CLTA Homeowners Policy of Title Insurance (6f2f98).
g. The following is furnished for information only:
There have been no recorded conveyances affecting the herein stated land within twenty-four
months prior to the date of this report.
h. Property taxes, including any assessments collected with taxes, for the fiscal ye~ 2000-2001,
have been PAID, and are as follows:
Assessor's Parcel No.: 305-31-052
Code Area: 1 0-043
Bill No: None Shown
-. Land: $68,537.00
Improvements: $] 2,765.00
Exemptions: $-00-
1st Installment: $951.40 Paid
2nd Installment: $951.40 Paid
EXHIBIT" A"
LIST u." PRL~TED EXCEPTIONS AND EXCLL~lONS
CL T A Preliminary Report Form
(Rev. 6/98)
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM - 1990
AND
CALIFORNIA LAND TITLE ASSOCIA TION HOMEOWNER'S POLICY - EAGLE (6/2/98)
EXCLUSIONS FROM COVERAGE
In addition to the Exceptions in Schedule 8, you are not insured against loss. costs. attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence of violation of any law or government regulation. This includes ordinances, laws and regulations
concerning:
a. building
b. zoning
c. land use
d. improvements on the land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public
Records at the Policy Date.
This Exclusion does not limit thecoverage described in Covered Risk 14,15,16,17 or 24.
2. The failure of your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does
not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date: or
b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking.
4. Risks:
a. that are created, allowed or agreed to by you, whether or not they appear in the Public Records;
b. that are known to you at the Policy Date, but not to us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to you; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24, or 25.
5. Failure to pay value for your title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
2. AMERlCAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH AL T A ENDORSEMENT - FORM 1 COVERAGE
The fq!lowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (8) Any law, ordinance or governmental regulation (including but not limited to building and loning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was 8 part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
EXHIBIT "A" - CONTINUED
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding [rom
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to,the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage
over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements
under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure
of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the
insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of
Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
. bankruptcy, state insolvency, or similar creditors' rights laws. that is based on:
(a) the.transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer
results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value
or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records
of such agency or by the public records.
3. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by
making inquiry of persons in possession thereof.
4. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which
are not shown by the public records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), (c) are shown by the public records.
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Page 1 of 1
Matthew J ue
From: Geoff Bradley
Sent: Thursday, November 29,2001 9:54 AM
To: Matthew Jue
Cc: Stephanie Willsey; Sharon Fierro; Bob Kass
Subject: FW: TIA Scope of Work for 2041 South Winchester Boulevard, File No. PLN 2001 -131 (8)
MJ --
I think the scope should include the impacts of using access to the property to the north as
well as the south. We will be encouraging one or the other to improve site access. Also all
exiting traffic must turn right due to the raised median. Should we look at Rincon/Winchester?
Also, I do not want the traffic consultant analyzing the on-site parking. That is our area.
My understanding is that all traffic studies are to be paid for by the applicant and managed by
the city. Is DPW on board with this policy?
Yes, the consultant should attend the PC meeting & CC if there is one.
Thanks,
Geoff I. Bradley, Senior Planner
City of Campbell
Please find us on the Worldwide Web atwww.cityofcampbell.com
12f3fOl
Scope of Work for Transportation Impact Analysis Report
2041 South Winchester Boulevard
File No. PLN 2001-13I(S)
The City of Campbell is requiring a transportation impact analysis (TIA) report for the proposed
10,020 square foot Office Building project located at 2041 South Winchester Boulevard (File
No. PLN 2001-131(S)). Given the limited work scope below, a letter report may be sufficient
for addressing staff s concerns.
Methodology
Based on the anticipated AM and PM peak hour project trip generation, the TIA shall be a
focused traffic study conform generally to the Santa Clara County Congestion Management
Program (CMP) Transportation Impact Analysis Guidelines adopted May 7, 1998 (CMP
Guidelines) but will be less rigorous and focus only on issues that are appropriate for the project.
Specifically, inventories of the various transportation systems is not required.
The consultant shall be responsible for determining the study intersections based on the CMP
Guidelines and shall confirm with City of Campbell staff the study intersections, approved
projects, trip generation, and trip distribution pattern prior to evaluating intersection level of
service. In addition, the TIA shall address the following site-specific issues:
. Intersection level of service and project traffic impacts at Winchester
BoulevardfCampbell A venue and Winchester BoulevardfRincon A venue
. Site circulation, including impacts of opening the property's parking lot to the adjoining
lot to the south
. Site access
o Northbound left-turn queues from Winchester Boulevard and whether mitigation
measures such as modification to median island andfor striping are recommended
o Right turns only out - evaluate impact on circulation on Winchester Boulevard
between site driveway and Rincon Avenue.
Staff Review and Response to Comments
Consultant shall submit a copy of the draft TIA to the City of Campbell Traffic Engineer at 70
North First Street, Campbell, CA, 95008. Subsequent to receiving comments from the Traffic
Engineer, the consultant shall revise the study to respond to comments. One reproducible copy
of the final report shall be submitted to the City upon completion of revisions. The City of
Campbell reserves the right to require multiple submittals of draft documents if the quality of the
analysis is inadequate.
Meetings
Consultant shall attend the Planning Commission meeting during which the project will be
reviewed. If the project is forwarded to the City Council, the consultant shall also attend the City
Council meeting during which the project will be reviewed by Council.
Sent:
To:
Cc:
Subject:
Friday, November 09,200110:20 AM
Harold Housley
Lynn Penoyer
2041 8. Winchester Boulevard PLN 2001-131(8)
Regarding 2041 8. Winchester Boulevard (10,020 square foot office building), my concerns are
as follows:
1. What's the project's net trip generation? The office building would generate about 97
trips, but if existing land use is being replaced, the net trip generation would be even
less. Focus of traffic would be on access and on-site circulation.
2. I'm concerned about the row of compact spaces since motorists will occupy whatever
spaces are available regardless of whether they are driving compact vehicles. Can
the office building be shifted to the east to widen the row of spaces and aisle? In
return, they may lose a few parking spaces.
3. The spaces at the southwest corner of the lot will block each other.
4. The space next to the west side of the existing building may need a turnout area to
exit the space.
Distribution:
Completeness Comments:
Conditions of Approval:
Tentative P.c. Hearing:
November 6, 2001 ~-
November 19, 2001 ---
November 26, 2001 ~-
January 8, 2002
ROUTE TO:
X Architectural Advisor
X Fire Department
Police Department
Redevelopment Agency
X Land Development Engineer
X Traffic Engineer
Service Center
X Building Division
PROJECT DESCRIPTION
Site and architectural approval to allow the construction of a two story office
building of 10,020 square feet.
File No.: PLN 2001-131
APN: 30531 52
Applicant:
Property Owner:
Project Address:
Zoning:
General Plan Designation:
PROJECT PLANNER:
Mark Heath, Trustee
The Thompson Family Trust
2041 S. Winchester Blvd.
C-2-S
Commercial
Tim J. Haley
ENVIRONMENTAL DETERMINATION: Negative Declaration anticipated
DEPARTMENTAL RECOMMENDATION:
If it can be determined that this project will require minimal or no comments by
your department/agency, please return this comment sheet with your initials to
the Project Planner as soon as possible.
Status
Initial
Comments
No Comments
Additional information/revisions (see attached)
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